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Amusement Park Accidents: Who Is Liable?

| Oct 11, 2017 | Personal Injury, Product Liability

A day at the local amusement park should be a safe, fun time, but amusement park rides injure thousands of people per year. These injuries can vary from bumps and bruises to fractures, head trauma, and even death. It can be difficult to determine who is liable for these injuries, but it can be possible for injured victims to file a claim. Here is what you should know about amusement park liability.

Causes of Amusement Park Accidents

The cause of your specific accident can greatly affect the liability for your claim. There are a number of factors that can cause an accident, including:

  • Mechanical failures: These can include lap-bars or restraints detaching during the ride, the car detaching from the tracks, or structural components failing. These types of failures often occur due to poor maintenance or a manufacturing defect.
  • Improper operation: Ride operators should be carefully trained to run the ride and handle emergencies. Examples of improper operation include stopping the ride suddenly or failing to latch safety restraints correctly.
  • Passenger misuse: Passengers can cause injury by failing to follow directions or by misusing the ride. Rocking the car, standing up mid-ride, unlatching safety restraints, sitting improperly, or holding a child above the safety restraints can cause injury to other passengers, as well as the passenger who is responsible for the actions.
  • Inherent nature of the ride: Some rides can be more harmful than others, due to the actions of the ride. For this reason, many rides warn riders to not board the ride if they are not in good health. Even when riders are in good health, it is possible to be injured by the forces of the ride, especially on rides that spin or perform loops.

Possible Claims for Amusement Park Injuries

Depending on the nature of your accident, there may be different types of claims you are able to make. Your personal injury attorney can help you understand your legal options and guide you through the claims process. Here are some possible claims that may apply to your situation. Negligence If your injuries are due to the carelessness or inattention of the park or a park employee, you may have a negligence claim. You must prove that you were reasonably careful in your actions, and that the defendant was not careful. You must also prover that this carelessness led to your injuries. The park is responsible for the actions of its employees, so you may sue the park for an individual employee’s actions. Examples of negligence include:

  • Failing to post clear warning signs for rides that outline the risks.
  • Posting signs that don’t adequately ward riders of the risks.
  • Failing to properly train ride operators.
  • Failing to maintain equipment and the grounds safely.
  • Failing to regularly inspect rides for wear and damage.
  • Improperly operating a ride.
  • Providing incorrect instructions or safety information to riders.

Product Liability If your injuries were caused by a mechanical failure, it is possible that the ride was defective. Faulty design or manufacturing may cause a ride to fail, causing injury to riders. Structural or design defects may cause the designer of the ride or the manufacturers involved to be held liable for your accident. To make a product liability claim, you must be able to demonstrate that the structure, equipment, or part was defective, and that the failure of this part led to your injuries.

Get Help From Our Toledo Personal Injury Attorneys – (419) 719-5195

Theme parks shouldn’t be dangerous to visitors, but accidents till occur. If the most stringent precautions were not taken to prevent your injury, you may be entitled to compensation. Our Toledo personal injury lawyers are ready to help you fight for your claim. At Williams DeClark Tuschman Co., L.P.A., we are backed by more than a century of legal experience protecting the best interests of our clients. Let us help you navigate this stressful and challenging time.

Contact our firm to schedule a free initial consultation. Call our offices by dialing (419) 719-5195.